he filed a civil rights lawsuit against the cops. the case got thrown out. but now an appeals court has just reinstated it. that's the cue. let's bring in our legal guys, avery freedman, civil rights attorney, law professor, in my hometown of cleveland. richard herman, a new york criminal defense attorney and law professor, he's in las vegas. and first, let me start by giving a little more background on this case. it started in may of 2006 when john schwartz and his fiancee were drooifling through rural upstate new york. schwartz was riding shotgun and as they drove past a radar speed trap, schwartz gave the middle finger salute to a police officer in the village of st. johnsonville. the officer stopped the car, continue fronted schwartz, arrested him for disorderly conduct. there we are up to speed so to speak. avery, let's start with you and the cop's explanation about why he stopped the car. apparently the appeals court thinks it's a little far-fetched. right? >> yeah, yeah, the explanation by the police officer in st. johnsville, new york, nice bucolic a